The importance of due diligence in choosing children’s residential placements

October 23, 2024

Kristine Lidgerwood aims to provoke thought and encourage thorough system checks based on recent experiences that have raised serious concerns.

For those involved in public law children cases, finding appropriate and sustainable placements outside the family—whether interim or long-term—can be extremely challenging, especially for older children. The need for secure accommodation is pressing, yet availability is scarce, and obtaining a spot often relies on sheer luck, coinciding with the rare vacancy.

The challenges of securing appropriate children’s placements

So, what happens when these vulnerable children don’t secure a place in secure accommodation?

In reality, they might find themselves in various forms of housing for indefinite periods, including:

Unregulated or regulated residential provisions
Registered residential homes
Unregistered (registration pending) residential homes
Airbnb or rented properties supervised by local authority staff or agency workers

Often, these arrangements come with a Deprivation of Liberty (DoL) authorisation, adding further stress to the child.

Understanding the risks of unregulated residential care

It’s easy to see how such placements can do harm as much as good. It is vital to carefully weigh the potential benefits against the significant risks and possible harms. Ultimately, the court makes these difficult decisions, but everyone involved has a responsibility to ensure the correct information is available to the court.

During proceedings, we may be presented with the “brochure” and ‘Statements of Purpose’ for provisions from the residential providers. But how much do these documents really tell us about the actual experience of the child in such placements? These “Glossies” often look similar, as they follow guidelines set out in the Children’s Homes (England) Regulations 2015. However, don’t forget—many of these organisations are privately run businesses, and the motivation isn’t always solely the welfare of the child. There is a profit margin to be met.

Key questions to ask about children’s residential placements

If you represent a parent, does your client have enough information about the suitability of this placement? If it were their decision alone, would they confidently say, “Yes, this is the right place for my child”? Similarly, if you represent the local authority, put on your “parent” hat—are you satisfied with this provision as if you were deciding for your own child?

Ask these critical questions to ensure you’re fully informed:

Who are the management and senior staff? (Full names and roles)
Who will be on-site at all times when the child is there? (Full names, shifts, and employment status—staff or agency?)
Will there be any individuals present not already identified? (What are their roles?)

If the organisation cannot provide a definitive list of names, roles, and qualifications for everyone who will be on-site, that should raise serious concerns.

Basic background checks can be revealing—search for names on Companies House or other public records. You may be shocked by what you find.

Beware of glossy brochures: what are they really hiding?

Let me give you an example from a recent case:

A child was moved multiple times—from an Airbnb to a registered placement, and then to an unregistered (registration pending) home operated by an organisation that also managed other registered homes. It emerged that a close associate of the manager, described as a “volunteer,” was on the premises daily. There was no official paperwork for this person. They interacted freely with the staff and the child, even mingling with the child’s relatives. Upon further investigation, publicly available records revealed that this individual had convictions for drug production and supply, had been investigated for money laundering, and had recently completed a 3-year prison sentence for drug-related offences. The manager was well aware of this history.

Despite the ‘glossy’ brochure presenting a perfect picture, the reality was vastly different.

The child was quickly moved to another placement, again with promising, attractive brochure material. However, the new accommodation was filthy, with no food in the cupboards, no prior inspection by the social worker, and an unqualified and transient workforce. The child even alleged inappropriate touching by one of the staff.

Why local authorities must exercise due diligence in child placements

In my view, any local authority proposing a residential placement should not proceed without exercising due diligence. They must provide the court and all parties with detailed information, including:

Who will be present at the placement and their specific roles?
What are their qualifications? What therapeutic resources are available, and how are these delivered?
When and how will the placement be reviewed by the child’s social worker, especially in light of any psychological assessments or individual needs?
What training do staff have in incident management and de-escalation?
What educational and enrichment activities are planned, and what is the weekly schedule?
How will family time be managed?
Who is authorised to carry out DoLS-related actions?
Have local authorities personally inspected the placement and are they satisfied with its physical condition and resources?
Who are the other children at the placement, and could there be any potential negative influences or interactions with the child?

Ensuring safe and appropriate care for vulnerable children

As practitioners for the family or representatives of the child, if this information isn’t provided adequately by the local authority, it’s your responsibility to highlight these gaps and ensure the court is not forced to make decisions that could result in further harm to the child.

Kristine Lidgerwood is a Consultant Barrister at Unit Chambers.